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Showing results for LSCR volume 26 LSCR issue 6
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CONTRACTS

1.Court reverses summary judgment for defendants and allows extrinsic evidence as to whether plaintiff released them in settlement agreement.
Kerry Maggio v. James Parker, 2017-CC-1112 (La. 06/27/18) [20 pp.]
From LSCR Volume 26, Issue 6
     In January 2015 plaintiff was injured in an automobile accident when his vehicle was struck by a vehicle being operated by James Parker. Mr. Parker was an emp... view full summary
INSURANCE

2.Erroneous payment by insurer in prior, separate claim did not result in waiver of defense in later claim.
Brandon Forvendel v. State Farm Mutual Automobile Ins. Co., 2017-C-2074 (La. 06/27/18) [9 pp.]
From LSCR Volume 26, Issue 6
     While driving his own car in 2013, plaintiff was injured in a multi-vehicle accident. His uninsured motorist carrier was State Farm. At the time of ... view full summary
MEDICAL MALPRACTICE

3.Conflict of interest by review panel member did not justify automatic exclusion of panel opinion.
Richard Sanderson v. Tulane University Hospital & Clinic, 2018-CC-0588 (La. 06/15/18) [4 pp.]
From LSCR Volume 26, Issue 6
     Following proceedings before the Louisiana Medical Review Panel, plaintiff brought this medical malpractice suit. In the district court, plaintiff moved to strik... view full summary
TORTS

4.State not entitled to summary judgment in case involving injury on waterway at unlit bridge.
Jennifer Elizabeth Lee v. Pearl River Basin Land & Development Co., LLC, 2018-CC-0355 (La. 06/25/18) [2 pp.]
From LSCR Volume 26, Issue 6
     Craig Allen Lee was operating his vessel at about 2:30 a.m. on a waterway in St. Tammany Parish known as the "pump slough" when he struck his head on an unlit bridge. Lee ... view full summary
STATE AND LOCAL GOVERNMENT

5.Court rules in favor of St. Tammany D.A. in his challenge to independent legal department for parish council and president.
Warren Montgomery v. St. Tammany Parish Government, 2017-C-1811 (La. 06/27/18) [20 pp.]
From LSCR Volume 26, Issue 6
     In April 2016 plaintiff, as District Attorney for St. Tammany Parish, filed suit against the Parish through the parish council and parish president, ... view full summary
TAXATION

6.City of New Orleans could lawfully impose gallonage tax on dealers of alcoholic beverages.
Beer Industry League of Louisiana v. The City of New Orleans, 2018-CA-0280 c/w 2018-CA-0285 (La. 06/27/18) [20 pp.]
From LSCR Volume 26, Issue 6
     In November 2016 the New Orleans City Council passed an ordinance to "amend and reordain Sections 10-501, 10-502, and 10-511 of the New Orleans Municipal Code... view full summary
CRIMINAL

7.Court reinstates maximum sentence for first-time felony offender convicted of indecent behavior with a juvenile.
State v. Fahim Shaikh, 2017-K-2178 (La. 06/15/18) [2 pp.]
From LSCR Volume 26, Issue 6
     In April 2014 thirteen-year-old AG ran away from home while her mother was out. She headed to a friend's house on foot and was walking along the ... view full summary
8.Indigent defendant's request for expert funding in connection with Miller/Montgomery hearing should not have been heard ex parte.
State v. Warren Harris, 2018-KP-0686 (La. 06/15/18) [6 pp.]
From LSCR Volume 26, Issue 6
     Defendant was serving a life sentence without parole eligibility for a crime that he committed as a juvenile. He sought parole eligibility pursuant to Montgom... view full summary